Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Summing order - Accused can file application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defence - However, only after disclosing his plea of defence, he can make an application, that case should not be tried summarily but as a summons trial case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Denial of - Reasoning given by Court below that ex facie suit claims relief which are beyond O.37 CPC does not prima facie seem to be a correct finding - Question as to whether in the suit plaintiff is claiming relief beyond O.37 CPC would be a defence which defendant may take in its leave to..........
Judicial Order -- Order - as to service of summons upon defendant - However, said order not supported by documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Judicial order showing that defendants were duly served - However, said order not supported by the documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available - Claim of defendants to set aside ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Summon to wife sent through registered post at wrong address - Wife thus, was not served with summons of divorce petition - She was prevented from attending proceedings by sufficient reason - Ex parte divorce decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........
Criminal Procedure Code, 1973, Section 254 -- Summons case - Dishonour of cheque - Defence evidence - Rejection of prayer of accused to produce evidence, despite the fact that u/s 313 Cr.P.C, a question was put to him giving option to lead defence evidence in response whereto accused has expressed his intention to lead evidence, is not sustainable being contrary to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
